IN THE CASE OF:
BOARD DATE: 4 September 2008
DOCKET NUMBER: AR20080005637
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his military records to show award of the Kuwait Liberation Medal-Kuwait.
2. The applicant states, in effect, that he served in Operations Desert Shield and Desert Storm from August 1990 to May 1991.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 29 April 1995.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 16 November 1988 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 45B (Small Arms Repairer).
3. The applicant was deployed in support of Operation Desert Shield/Desert Storm. He arrived in Southwest Asia assigned to the 514th Maintenance Company on 26 September 1990.
4. The applicant departed Southwest Asia on 3 May 1991.
5. On 29 April 1995, the applicant was honorably released from active duty after completing 6 years, 5 months, and 14 days of creditable active service with no time lost.
6. His DD Form 214 with the period ending 29 April 1995 shows that he was awarded the Army Achievement Medal (3rd Award), the Army Good Conduct Medal, the National Defense Service Medal, the Southwest Asia Service Medal with 3 bronze service stars, the Humanitarian Service Medal, the Army Service Ribbon, the Kuwait Liberation Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Grenade Bar, and the Driver and Mechanic Badge with Driver-W Bar.
7. The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia
(KLM-SA) was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.
8. The Kuwait Liberation Medal awarded by the Government of Kuwait
(KLM-KU) was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.
DISCUSSION AND CONCLUSIONS:
The applicants DD Form 214 with the period ending 29 April 1995, shows he was awarded the Kuwait Liberation Medal. However, his DD Form 214 should show that he was awarded both the Kuwait Liberation Medal-Kuwait and the Kuwait Liberation Medal-Saudi Arabia. His DD Form 214 should be amended to show the two awards.
BOARD VOTE:
___xx___ ___xx___ ____xx__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting the entry "KUWAIT LIBERATION MEDAL" from item 13 of the applicant's DD Form 214; and
b. amending Item 13 of the applicant's DD Form 214 to add the Kuwait Liberation Medal-Kuwait and the Kuwait Liberation Medal-Saudi Arabia.
_________xxxx_________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080005637
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